HomeMy WebLinkAbout20050748.tiff AGREEMENT FOR JANITORIAL SERVICES
THIS AGREEMENT is made and entered into this February 16, 2005, by and
between the County of Weld, a political subdivision of the State of Colorado, by and
through the Board of County Commissioners of the County of Weld, whose address is
915 10th Street, Greeley, Colorado 80631, hereinafter referred to as County, and Porter
Industries, Inc., whose address is 5202 Granite Street, Loveland, CO 80538, hereinafter
referred to as Porter Industries, Inc.
WITNESSETH:
WHEREAS, County owns offices at the following locations:
1. Weld County Court Services
910 10th Avenue
Greeley,Colorado 80631
said office being referred to herein collectively as County Office, and
WHEREAS, County is in need of the provision of janitorial services for County
Office on a daily (business day) basis, and
WHEREAS, Porter Industries, Inc. is in the business of providing janitorial
services and has the manpower to perform such services on a daily basis in
County Offices, and
WHEREAS,the parties hereto now desire to enter into this Agreement for the
purpose of securing the provision of janitorial services for County Offices
according to the terms and conditions set forth herein.
NOW, THEREFORE, inconsideration of the terms and covenants stated herein,
the parties hereto agree as follows:
1. TERM: This Agreement shall be for a term of one(1)year from April 1st,
2005, and shall be renewed automatically for additional one(1)year
terms thereafter, unless sooner termination is either party according to the
procedures set forth in Section 2, below.
2. TERMINATION:
a. Without Cause: This Agreement may be terminated by either party,
without cause, by providing to the other party at the above-listed
address written notice of its intent to terminate, at least thirty (30)
days prior to the intended date of termination.
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2005-0748
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b. With Cause: County may terminated this Agreement if, upon
notifying the Porter Industries, Inc. Contact Person listed in Section
14, below, of deficiencies in service, Porter Industries, Inc. has not
corrected deficiencies within three (3) working days. Such
notification of deficiencies in service and of consequent termination
may be either oral or written. Porter Industries, Inc. may terminate
this Agreement if, upon notifying the County Contact Person listed
in Section 13, below, County refuses to pay any invoices delivered to
County by Porter Industries, Inc.
3. JANITORIAL SERVICES TO BE PERFORMED BY PORTER
INDUSTRIES.INC: Porter Industries, Inc. agrees to perform janitorial
services in County Offices five (5) days per week. Monday through Friday,
excluding the holidays listed Section 4, below, between the hours of 6:00
p.m. and 2:30 a.m. The term janitorial services shall mean the daily cleaning
necessary to keep the County Offices in a clean and tidy condition, including,
but not be limited to vacuuming, sweeping, dusting, wiping, and trash pickup
of offices, hallways, restrooms and common areas. The term shall also
include the shampooing of carpets when necessary, and the restocking of
paper and soap products in restrooms.
4. HOLIDAYS WHEN NO JANITORIAL SERVICES ARE PERFORMED:
Porter Industries, Inc. shall not be required to perform janitorial services on
the following six(6) holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving and Christmas Day. The parties may arrange
for janitorial service by Porter Industries on the above listed holidays for an
additional charge.
5. LABOR EQUIPMENT AND SUPPLIES: :Labor and equipment necessary to
perform the janitorial services listed in Section 3, above, shall be provided by
Porter Industries at its sole expense. All cleaning chemicals, floor finishes,
trash liners, silica sand and restroom products, such as paper towels, toilet
tissue, hand/shower soap, sanitary napkins/tampons, urinal screens, deodorant
block and air fresheners, shall be provided by County. All other supplies
necessary to perform the janitorial services shall be provided by Porter
Industries. County shall provide in each of the County Offices secure storage
for the janitorial equipment and supplies, solely accessible by Porter
Industries personnel and County authorized personnel.
6. INDEPENDENT CONTRACTOR/STATUS OF PORTER IND.
Porter Industries shall perform its duties hereunder as an independent
contractor and not as an employee of County. Neither the Porter Industries,
nor any agent or employee of Porter Industries, shall be shall be deemed to be,
an agent or employee of County. Porter Industries shall pay, when due, all
wages, social security, required employment taxes and income taxes. Porter
Industries acknowledges that its employees are not entitled to unemployment
insurance benefits unless Porter Industries or a third-party provides such
coverage and that County does not pay for or otherwise provide such coverage
for Porter Industries employees. Porter Industries shall have no authorization,
express or implied, to bind County to any agreement, liability, or
understanding. Porter Industries shall be solely responsible for the acts of
Porter Industries, it employees and agents. County agrees to refrain from
actively soliciting applications for County janitorial staff positions from Porter
Industries employees.
7. COMPENSATION: County shall pay to Porter Industries the following
compensation for the janitorial services performed:
a. Janitorial services for County Office, daily for five (5) days per week,
shall be invoiced at the fixed rate of$1374 per month.
Services will begin on April 1st, 2005
Weld County Court Services
910 10th Avenue
Greeley, Colorado 80631
b. One time service to be performed:
Sealing of ceramic
Labor- $520.00
Material - $975
(15 year impregnator) Total: $1495
c. Janitorial services requested by County Contact Person on days other
than five (5) per week or on the above-listed holidays shall be invoiced
to County at the rate of$16.50 per hour regular time, $19.50 per hour
overtime.
d. All invoices delivered to County by Porter Industries shall be paid in
full within twenty(20) days after receipt thereof.
8. INSURANCE: Porter Industries shall, during the term of this Agreement,
carry statutory workers compensation insurance for all of its employees, and
property damage insurance and public liability insurance in an amount of no
less than $3,000,000 combined single limit. County shall be named as an
additional named insured on Porter Industries certificate of insurance, which
shall be provided to County within thirty(30) days of signature hereunder.
Upon request, Porter Industries, shall carry a sufficient surety bond in a
reasonable amount set by County.
9. ENTIRE AGREEMENT: This writing constitutes the entire Agreement
between the parties hereto with respect to the subject matter herein, and shall
be binding upon said parties, their officers, employees, agents and assigns and
shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
10. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be
deemed to constitute a waiver of any immunities the parties or their officers or
employees may possess, nor shall any portion of this Agreement be deemed to
have created a duty of care which did not previously exist with respect to any
person not a party to this agreement.
11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved tot he undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action, whatsoever by any other
person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
12. SEVERABILITY: In the event that any of the terms, covenants or conditions
of this Agreement or their application shall be held invalid as to any person,
corporation, or circumstance of any court having competent jurisdiction, the
remainder of this Agreement and the application in effect of its terms,
covenants or conditions to such persons, corporations or circumstances shall
not be affected thereby.
13. CONTACT PERSONS/NOTICE: Contact Persons for the parties hereto, their
addresses and telephone numbers, are as follows:
a. FOR COUNTY:
b. FOR PORTER INDUSTRIES:
Bertha Guajardo, Lita Weber
5202 Granite Street, Loveland, CO 80538
All informed communications between the parties hereto shall take place
between the Contact Persons. Any formal notice, demand or request provided
for in this Agreement shall be writing and shall be deemed properly served,
given or made if delivered in person or sent by registered or certified mail,
postage prepaid to the parties hereto at the addresses as set forth above, unless
another address is specified.
14. GOVERNING LAW: The validity, interpretation, and construction of this
Agreement shall be governed by and construed in accordance with the laws of
the State of Colorado and the United States of America. The exclusive
jurisdiction and venue for any lawsuit between the parties arising out of this
Agreement shall be Weld County, Colorado, and/or the Federal District Court
for the District of Colorado.
15. ORIGINAL COUNTERPARTS: This Agreement may be executed in
counterparts, each of which will be an original, but all of which together shall
constitute one and the same instrument.
16. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals the day and year first above written.
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V COUNTY OF WELD, a subdivision of the
$ C ty Clerk to the Board STATE OF COLORADO:
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BY: 1' A � �'/k(a , �r/7w,—<
Deputy Clerk t the Board Chairman, William H. Jerke
Board of County Commissioners of the
County of Weld MAR 0 [ 2005
ATTEST: PORTER INDUS S, C.
BY: BY: crC ML�I"
Corporate Secretary Steve Hendrickson President/CEO
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